Website Terms of Use and Privacy Policy

This legal notice applies to the entire contents of the Website under the domain name www.simplybiz.co.uk (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website.

PART 1: TERMS OF USE

Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by The SimplyBiz Group plc (“Company”).

Introduction

You may access many areas of the Website without registering your details with us. However, certain areas of the Website are only open to you if you are a SimplyBiz member firm.

By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.

The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

Licence

You are permitted to print and download extracts from the Website for your own use on the following basis:

no documents or related graphics on the Website are modified in any way;

no graphics on the Website are used separately from the corresponding text; and

the Company's copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

Any rights not expressly granted in these terms are reserved.

Service access

While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

Visitor material and conduct

Other than personally identifiable information, which is covered under our Privacy Policy (see “Part 2: Privacy Policy” below), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the Website any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

for which you have not obtained all necessary licences and/or approvals; or

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

which is technically harmful (including, without limitation, computer viruses, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

If you would like to create a link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

you do not remove, distort or otherwise alter the size or appearance of the Company logo;

you do not create a frame or any other browser or border environment around the Website;

you do not in any way imply that the Company is endorsing any products or services other than its own;

you do not misrepresent your relationship with the Company nor present any other false information about the Company;

you do not otherwise use any Company trade marks displayed on the Website without express written permission from the Company;

you do not link from a website that is not owned by you; and

your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

Registration

Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords issued rests with you.

Use of your personal data following registration will be in accordance with our Privacy Policy (see “Part 2: Privacy Policy” below).

Disclaimer

While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

Liability

The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in this legal notice shall exclude or limit the Company's liability for:

death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or

fraud; or

misrepresentation as to a fundamental matter; or

any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

PART 2: PRIVACY POLICY

The SimplyBiz Group plc and the group of companies of which it forms a part ("we" or “our”) are committed to protecting and respecting your privacy.

This policy (together with our Terms of Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you (including financial advisers who are a SimplyBiz member firm or other registered user of our Website), or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.simplybiz.co.uk (“Website”) or, where relevant, accessing any member-only part of the Website, you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is The SimplyBiz Group plc of The John Smith's Stadium, Stadium Way,Huddersfield, HD1 6PG.

Information we collect from you

We will collect and process the following data about you:

Information you give us. This is information about you that you give us by filling in forms on our Website, or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our Website, subscribe to/join our services (which includes providing assistance and information to our member firms), participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.

Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:

technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, operating system and platform;

information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products or services you viewed or searched for, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number.

Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners and financial products/services providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

Uses made of the information

We use information held about you in the following ways:

Information you give to us. We will use this information:

to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;

to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are a registered user of our Website, we or third parties selected by us (which may include financial product or service providers) will only contact you with information about goods and services which are relevant to the range of financial services carried out by our registered user base. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact us to confirm that you do not wish your data to be used in this way (see “Your Rights” below);

to notify you about changes to our service;

to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you. We will use this information:

to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

to allow you to participate in interactive features of our service, when you choose to do so;

as part of our efforts to keep our site safe and secure;

to measure or understand the effectiveness of any advertising we serve to you and others, and, if such is the case, to deliver relevant advertising to you;

to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

You agree that we have the right to share your personal information with:

Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

Selected third parties including:

business partners, suppliers of financial products and services and sub-contractors for the performance of any contract we enter into with them or you;

advertisers that require the data to select and serve relevant adverts to you and others.;

analytics and search engine providers that assist us in the improvement and optimisation of our site;

credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We will disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

If The SimplyBiz Group plc or substantially all of its assets are acquired by a third party (or any member of the group of which it forms a part), in which case personal data held by it about its customers, clients and registered users will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or any terms and conditions of supply of any services we may provide to you and other agreements; or to protect the rights, property, or safety of The SimplyBiz Group plc, our clients/customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

All products and company names are copyrights, trademarks or registered trademarks of third parties.

Storage of your personal data

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. You should not share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or through our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by writing to us at (for the attention of Data Protection Officer) The SimplyBiz Group plc, The John Smith’s Stadium, Stadium Way, Huddersfield, West Yorkshire, HD1 6PG or at dpo@simplybizgroup.co.uk, with the subject line “Removal from Marketing Preferences”, providing sufficient information to enable us to identify you.

Our site may, from time to time, contain links to and from the websites of our, for example, suppliers, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

If you have any questions regarding this Privacy Policy, you should write to The Data Protection Officer, The SimplyBiz Group plc, The John Smith’s Stadium, Stadium Way, Huddersfield, West Yorkshire, HD1 6PG.

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